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HomeMy WebLinkAbout15- J&D Family Limited Partnership Public Utility and Access Easement City of Bozeman-City Clerk P.O. ®x 1230 Bozeman, MT 59771-1230 PLATTE 2518677 Page: 1 of 3 07/27/2015 09:50:44 AM Fee: $2100 Charlotte Mills - Gallatin County, MT miss I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII PUBLIC UTILITY AND ACCESS EASEMENT J&D Family Limited Partnership, GRANTOR, in consideration of Thirty Five Thousand and Sixty Three Dollars and 50/l00 ($35,063.50)and for other and valuable considerations,receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement for the use of the public, in, through and across the following described real property situated in Gallatin County, Montana, more particularly described as follows and on the attached Exhibit "A": A tract of land a portion of Lot IA, Block 2 of the J.C.Billion Auto Plaza Subdivision, located in Southeast One-Quarter of Section 9, Township 2 South,Range 5 East, P.M.M., Gallatin County,Montana,more particularly described as follows: . BEGINNING at a point on the southwestern boundary of said Lot I from which a corner of said Lot IA bears S 38' 51' 15"E a distance of 109.86' ; thence North 38' 51' 15" West a distance of 29.64 feet to a calculated position; thence northwest a distance of 5.36 feet along a tangential curve concave northeast having a radius of 413.97 feet, a central angle of 00'44' 33", a chord bearing of North 38128' 59" West and a chord length of 5.36 feet to a calculated position; thence North 51' 10' 06" East a distance of 77.72 feet to a calculated position; thence northeast a distance of 108.56 feet along a tangential curve concave southeast having a radius of 163.34 feet, a central angle of 38' 04'48", a chord bearing of North 70' 12' 30" East and a chord length of 106.57 feet to a calculated position; thence South 00' 40' 06" West a distance of 35.02 feet to a calculated position; thence west a distance of 84.43 feet along a non-tangential curve concave south having a radius of 128.33 feet, a central angle of 37' 41'40", a chord bearing of South 70' 00' 5 6" West and a chord length of 82.91 feet to a calculated position; thence South 51' 10' 06" West a distance of 77.74 feet to the Point of Beginning containing acres 0.1400 acres or 6,098 square feet more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators,personal representatives, successors, and assigns of the parties hereto. Dated this E day of 2015. City of Bozeman Public Utility&Access Easement-Cottonwood Road Project County of Gallatin Page 1 of 2 4 � By: GRANTOR STATE OF MONTANA ) ):ss County of Gallatin ) On this day of VA 4 . 20 IJ ,before me the undersigned, a Notary Public for the Stat of Montana,personally appeared t- 6 e/ '�( , known to me to be V _ of J&D Family Limited Partnership and the person whose name is subscribed to the within instrument and acknowledged to me-that he executed the within instrument for and on behalf of O'er X) Fe c,( "-- I F IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first,-above tten. ,, 1{UI III1fIfIII - ,�s suaF; Chris Budeski Notary Public for the State of Montana o? �AL Nbtary Public NOTAqIq4• for t e State of Montana *' SE * Residing at: t (f.C�� F. �•�Q; Bozeman, Montana (Punted Name) _, ' f''', •. M Commission Expires: Residing at _< o M,o`?`„�' y November 26,20��: &t/ ' My Commission expires ). /:' /20! ACCEPTED: CITY OF BOZEMAN y (r]�0 City Manager ATTEST: `A4,3141', .�.__ 1883 z� I CO. �'ZO STATE OF MONTANA ` '° -)" ) ss. County of Gallatin ) On this�Uday of ,20jd,before me, a Notary Public for the State of Montana,personally appeared CHRIS A. KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the Cityof Bozeman. ""''' . i- ;< ER B�Fro, HEATHER BIENVBi�:� - .�C? ''•l'F: Notary Public IN WITNESS WHEREOF, I have hereunto set *T N°TARiq�?mfor the state of Montana cl,4n0,4ffixedt 6A pW ial Sc al the day and year first above written. 9'• Pam; Baseman, Montana M My Commission Expires: f l lit January 26,2018 Chris Budesid o Public or e State of Lary Pubs°~-�_� ary bli f the f Mt 6 NOTAR/q�• =1brate�f Montana *. *_ iding at: t/1 v Q rl� N9 SEAL. � oze Montana Y U ,v 6 ,, '••Mo My Commission s: rioted Name) �'' November 26,2015 Residing at Bozeman,Montana My Commission Expires: / /20 City of Bozeman Public Utility&Access Easement-Cottonwood Road Project County of Gallatin Page 2 of 2 EXHIBIT A PUBLIC ACCESS EASEMENT SITUATED IN LOT 1 A, BLOCK 2 OF THE JC BILLION AUTO PLAZA SUBDIVISION 20 4s� LOCATED IN THE SE 1 /4 OF SECTION 9 F)= 40' T2S, R5E, P.M.M. GALLATIN COUNTY, MT I I LOT 1A BLK 2 RIGHT OF I 4, BILLION AUTO PLAZA WAY LINE �I SUBDIVISION I I � R=163.34' Q L=38.04 48 I tx \\ L=108.56' \ BRG=N70'12'30"E CHD=106.57' I� o \ EASEMENT M 35' WIDE PUBLIC � AREA: O \ ACCESS EASEMENT 6,098 SF F U 10001;-- \\F N38'51'15n W O I L x I C \ \ WI E R=413.97' POINT OF BEGINNING \ L=00'44 33 OF PUBLIC ACCESS o I n T L=5.36' EASEMENT �� o \ BRG=N38'28'59"W CHD=5.36' ro9\sr_ I o F` PROPERTY I \ \ CORNER I < EXT'G 60' \ I GHT OF WAY \ I E LLJ ��\ I w S 89.19�4' E 0 3 8.50' i \ -00 \ ` ^- C 16 0 U Q COTTONWOOD ROAD MADISON ENGINEERING EXHIBIT A LOT IA BLK 2 JC BILLION 895 TECHNOLOGY BLVD,SUITE 203, DRAWN BY:CGB AUTO PLAZA SUBDIVISION BOZEMAN,MT 59718 DATE: 1 09 15 PUBLIC ACCESS EASEMENT PHONE(406)586-0262 FAX(406)586-5740 J.O.#14-104